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(124th General Assembly)

(Substitute House Bill Number 273)

AN ACT

To amend section 2925.01 of the Revised Code to
classify Gamma
Butyrolactone and 1,4 Butanediol as
harmful
intoxicants.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. That section 2925.01 of the Revised Code be
amended to read as follows:

(B)
"Drug dependent person" and
"drug of abuse" have the
same
meanings as in section 3719.011 of the Revised Code.

(C)
"Drug,"
"dangerous drug,"
"licensed health professional
authorized to
prescribe
drugs," and
"prescription" have the same
meanings as in section
4729.01 of the Revised Code.

(D)
"Bulk amount" of a controlled substance means any of
the
following:

(1) For any compound, mixture, preparation, or substance
included in schedule I, schedule II, or schedule III,
with the
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this
section,
whichever of the following is applicable:

(a) An amount equal to or exceeding ten grams or
twenty-five
unit doses of a compound, mixture, preparation, or
substance that
is or contains any amount of a schedule I opiate
or opium
derivative;

(b) An amount equal to or exceeding ten grams
of a
compound,
mixture, preparation, or substance that is or contains
any amount
of raw or gum opium;

(c) An amount equal to or exceeding thirty
grams or ten
unit
doses of a compound, mixture, preparation, or substance that
is or
contains any amount of a schedule I hallucinogen other than
tetrahydrocannabinol or
lysergic acid
amide, or a schedule I
stimulant or
depressant;

(d) An amount equal to or exceeding twenty
grams or five
times the maximum daily dose in the usual dose range specified in
a standard pharmaceutical reference manual of a compound,
mixture,
preparation, or substance that is or contains any amount
of a
schedule II opiate or opium derivative;

(e) An amount equal to or exceeding five grams or ten unit
doses of a compound, mixture, preparation, or substance that is
or
contains any amount of phencyclidine;

(f) An amount equal to or exceeding one hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified in a standard pharmaceutical reference manual of
a
compound, mixture, preparation, or substance that is or
contains
any amount of a schedule II stimulant that is in a final
dosage
form manufactured by a person authorized by the
"Federal
Food,
Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21
U.S.C.A. 301, as
amended, and the federal drug abuse control
laws, as defined in
section 3719.01 of the Revised Code, that is or contains
any
amount of a schedule II depressant
substance or a schedule II
hallucinogenic substance;

(g) An amount equal to or exceeding three
grams of a
compound, mixture, preparation, or substance that is or contains
any amount of a schedule II stimulant, or any of its salts or
isomers, that is not in a final dosage form manufactured by a
person authorized by the Federal Food, Drug, and Cosmetic Act and
the federal drug abuse control laws.

(2) An amount equal to or exceeding one
hundred twenty
grams
or thirty times the maximum daily dose in the usual dose
range
specified
in a standard pharmaceutical reference manual of a
compound,
mixture,
preparation, or substance that is or contains
any amount of a
schedule
III or IV substance other than an
anabolic
steroid or a schedule III opiate or opium derivative;

(3) An amount equal to or exceeding twenty grams or five
times the maximum
daily dose in the usual dose range specified in
a standard pharmaceutical
reference manual of a compound, mixture,
preparation, or substance that is
or contains any amount of a
schedule III opiate or opium derivative;

(4) An amount equal to or exceeding two hundred fifty
milliliters or two hundred fifty grams of a compound, mixture,
preparation, or substance that is or contains any amount of a
schedule V substance;

(5) An amount equal to or exceeding two
hundred solid
dosage
units, sixteen grams, or sixteen milliliters of a
compound,
mixture, preparation, or substance that is or contains
any amount
of a schedule III anabolic steroid.

(E)
"Unit dose" means an amount or unit of a compound,
mixture, or preparation containing a controlled substance that is
separately identifiable and in a form that
indicates that it is
the amount or unit by which
the controlled substance is separately
administered to or taken by an
individual.

(2) A violation of an existing or former law of this or
any
other state or of the United States that is substantially
equivalent to any section listed in division (G)(1) of this
section;

(3) An offense under an existing or former law of this or
any other state, or of the United States, of which planting,
cultivating, harvesting, processing, making, manufacturing,
producing, shipping, transporting, delivering, acquiring,
possessing, storing, distributing, dispensing, selling, inducing
another to use, administering to another, using, or otherwise
dealing with a controlled substance is an element;

(4) A conspiracy to commit, attempt to commit, or complicity
in
committing or attempting to commit any offense under division
(G)(1), (2), or (3) of this section.

(H)
"Felony drug abuse offense" means any drug abuse
offense
that would constitute a felony under the laws of this
state, any
other state, or the United States.

(I)
"Harmful intoxicant" does not include beer or
intoxicating liquor but means any
of the following:

(1) Any compound, mixture,
preparation,
or substance the gas,
fumes, or vapor of which when
inhaled can
induce intoxication,
excitement, giddiness,
irrational behavior,
depression,
stupefaction, paralysis,
unconsciousness,
asphyxiation, or other
harmful physiological
effects, and
includes, but is not limited
to, any of the
following:

(J)
"Manufacture" means to plant, cultivate, harvest,
process, make, prepare, or otherwise engage in any part of the
production of a drug, by propagation, extraction, chemical
synthesis, or compounding, or any combination of the same, and
includes packaging, repackaging, labeling, and other activities
incident to production.

(K)
"Possess" or
"possession" means having control over a
thing or substance, but may not be inferred solely from mere
access to the thing or substance through ownership or occupation
of the premises upon which the thing or substance is found.

(L)
"Sample drug" means a drug or pharmaceutical
preparation
that would be hazardous to health or safety if used
without the
supervision of a licensed health
professional authorized to
prescribe drugs, or a drug of abuse,
and that, at one time, had
been placed in a container plainly
marked as a sample by a
manufacturer.

(M)
"Standard pharmaceutical reference manual" means the
current edition, with cumulative changes if any, of any of the
following reference works:

(1)
"The National Formulary";

(2)
"The United States Pharmacopeia," prepared by
authority
of the United States Pharmacopeial Convention, Inc.;

(3) Other standard references that are approved by the
state
board of pharmacy.

(N)
"Juvenile" means a person under eighteen years of age.

(O)
"Counterfeit controlled substance" means any of the
following:

(1) Any drug that bears, or whose container or label
bears,
a trademark, trade name, or other identifying mark used
without
authorization of the owner of rights to that trademark,
trade
name, or identifying mark;

(2) Any unmarked or unlabeled substance that is
represented
to be a controlled substance manufactured, processed,
packed, or
distributed by a person other than the person that
manufactured,
processed, packed, or distributed it;

(3) Any substance that is represented to be a controlled
substance but is not a controlled substance or is a different
controlled substance;

(4) Any substance other than a controlled substance that a
reasonable person would believe to be a controlled substance
because of its similarity in shape, size, and color, or its
markings, labeling, packaging, distribution, or the price for
which it is sold or offered for sale.

(P) An offense is
"committed in the vicinity of a school" if
the
offender commits the offense on school premises, in a school
building, or
within one thousand feet of the boundaries of any
school premises.

(Q)
"School" means any school operated by a board of
education or any school for which the state board of education
prescribes minimum standards under section 3301.07 of the Revised
Code, whether or not any instruction, extracurricular activities,
or training provided by the school is being conducted at the time
a criminal offense is committed.

(R)
"School premises" means either of the following:

(1) The parcel of real property on which any school is
situated, whether or not any instruction, extracurricular
activities, or training provided by the school is being conducted
on the premises at the time a criminal offense is committed;

(2) Any other parcel of real property that is owned or
leased by a board of education of a school or the governing body
of a school for which the state board of education prescribes
minimum standards under section 3301.07 of the Revised Code and
on
which some of the instruction, extracurricular activities, or
training of the school is conducted, whether or not any
instruction, extracurricular activities, or training provided by
the school is being conducted on the parcel of real property at
the time a criminal offense is committed.

(S)
"School building" means any building in which any of
the
instruction, extracurricular activities, or training provided
by a
school is conducted, whether or not any instruction,
extracurricular activities, or training provided by the school is
being conducted in the school building at the time a criminal
offense is committed.

(T)
"Disciplinary counsel" means the disciplinary counsel
appointed by the board of commissioners on grievances and
discipline of the supreme court under the Rules for the
Government
of the Bar of Ohio.

(U)
"Certified grievance committee" means a duly
constituted
and organized committee of the Ohio state bar
association or of
one or more local bar associations of the state
of Ohio that
complies with the criteria set forth in Rule V,
section 6 of the
Rules for the Government of the Bar of Ohio.

(V)
"Professional license" means any license, permit,
certificate, registration, qualification, admission, temporary
license, temporary permit, temporary certificate, or temporary
registration that is described in divisions (W)(1) to (35) of
this
section and that qualifies a person as a professionally
licensed
person.

(W)
"Professionally licensed person" means any of the
following:

(1) A person who has obtained a license as a manufacturer
of
controlled substances or a wholesaler of controlled substances
under Chapter 3719. of the Revised Code;

(2) A person who has received a certificate or temporary
certificate as a certified public accountant or who has
registered
as a public accountant under Chapter 4701. of the
Revised Code and
who holds an Ohio permit issued under that
chapter;

(3) A person who holds a certificate of qualification to
practice architecture issued or renewed and registered under
Chapter 4703. of the Revised Code;

(4) A person who is registered as a landscape architect
under Chapter 4703. of the Revised Code or who holds a permit as
a
landscape architect issued under that chapter;

(5) A person licensed as an auctioneer or apprentice
auctioneer or licensed to operate an auction company under
Chapter
4707. of the Revised Code;

(6) A person who has been issued a certificate of
registration as a registered barber under Chapter 4709. of the
Revised Code;

(7) A person licensed and regulated to engage in the
business of a debt pooling company by a legislative authority,
under authority of Chapter 4710. of the Revised Code;

(9) A person who has been issued a license to practice
dentistry, a general anesthesia permit, a conscious intravenous
sedation permit, a limited resident's license, a limited teaching
license, a dental hygienist's license, or a dental hygienist's
teacher's certificate under Chapter 4715. of the Revised Code;

(10) A person who has been issued an embalmer's license, a
funeral director's license, a funeral home license, or a crematory
license, or
who has been registered for an embalmer's or funeral
director's apprenticeship
under Chapter 4717. of the Revised Code;

(11) A person who has been licensed as a registered nurse
or
practical nurse, or who has been issued a certificate for the
practice of nurse-midwifery under Chapter 4723. of the Revised
Code;

(12) A person who has been licensed to practice optometry
or
to engage in optical dispensing under Chapter 4725. of the
Revised
Code;

(13) A person licensed to act as a pawnbroker under
Chapter
4727. of the Revised Code;

(14) A person licensed to act as a precious metals dealer
under Chapter 4728. of the Revised Code;

(15) A person licensed as a pharmacist, a pharmacy
intern, a
wholesale distributor of dangerous drugs, or a terminal
distributor of dangerous drugs under Chapter 4729. of the Revised
Code;

(16) A person who is authorized to practice as a physician
assistant under
Chapter 4730. of the Revised Code;

(17) A person who has been issued a certificate to
practice
medicine and surgery, osteopathic medicine and surgery,
a limited
branch of medicine, or podiatry under
Chapter 4731. of the Revised
Code;

(18) A person licensed as a psychologist or school
psychologist under Chapter 4732. of the Revised Code;

(19) A person registered to practice the profession of
engineering or surveying under Chapter 4733. of the Revised Code;

(20) A person who has been issued a license to
practice
chiropractic under Chapter 4734. of the Revised Code;

(21) A person licensed to act as a real estate broker or
real estate salesperson under Chapter 4735. of the Revised Code;

(22) A person registered as a registered sanitarian under
Chapter 4736. of the Revised Code;

(23) A person licensed to operate or maintain a junkyard
under Chapter 4737. of the Revised Code;

(24) A person who has been issued a motor vehicle salvage
dealer's license under Chapter 4738. of the Revised Code;

(25) A person who has been licensed to act as a steam
engineer under Chapter 4739. of the Revised Code;

(26) A person who has been issued a license or temporary
permit to practice veterinary medicine or any of its branches, or
who is registered as a graduate animal technician under Chapter
4741. of the Revised Code;

(27) A person who has been issued a hearing aid dealer's
or
fitter's license or trainee permit under Chapter 4747. of the
Revised Code;

(28) A person who has been issued a class A, class B, or
class C license or who has been registered as an investigator or
security guard employee under Chapter 4749. of the Revised Code;

(29) A person licensed and registered to practice as a
nursing home administrator under Chapter 4751. of the Revised
Code;

(30) A person licensed to practice as a speech-language
pathologist
or audiologist under Chapter 4753. of the Revised
Code;

(31) A person issued a license as an occupational
therapist
or physical therapist under Chapter 4755. of the
Revised Code;

(32) A person who is licensed as a professional clinical
counselor or
professional counselor, licensed as a social worker
or independent social
worker, or registered as a social work
assistant under Chapter 4757. of the Revised Code;

(33) A person issued a license to practice dietetics under
Chapter 4759. of the Revised Code;

(34) A person who has been issued a license or
limited
permit to practice respiratory therapy under Chapter 4761. of
the
Revised Code;

(35) A person who has been issued a real estate appraiser
certificate under Chapter 4763. of the Revised Code.

(X)
"Cocaine" means any of the following:

(1) A cocaine salt, isomer, or derivative, a salt of a
cocaine isomer or derivative, or the base form of cocaine;

(2) Coca leaves or a salt, compound, derivative, or
preparation of coca leaves, including ecgonine, a salt, isomer,
or
derivative of ecgonine, or a salt of an isomer or derivative
of
ecgonine;

(3) A salt, compound, derivative, or preparation of a
substance identified in division
(X)(1) or (2) of this section
that is chemically equivalent to or identical with any of those
substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves if the
extractions do not contain cocaine or ecgonine.

(Y)
"L.S.D." means
lysergic acid diethylamide.

(Z)
"Hashish" means the resin or a preparation of the resin
contained in marihuana, whether in solid form or in a liquid
concentrate,
liquid extract, or liquid distillate form.

(AA)
"Marihuana" has the same meaning as in section
3719.01
of the Revised Code,
except that it does not include hashish.

(BB) An offense is
"committed in the vicinity of a
juvenile"
if
the offender commits the offense within one hundred feet of a
juvenile or
within the view of a juvenile, regardless of whether
the
offender knows the age of the juvenile, whether the offender
knows the offense
is being committed within one hundred feet of or
within view of the juvenile,
or whether the juvenile actually
views the commission of the offense.

(CC)
"Presumption for a prison term" or
"presumption that a
prison term shall be imposed" means a presumption, as described in
division
(D) of section 2929.13 of the Revised Code, that a prison
term is a necessary
sanction for a felony in order to comply with
the purposes and principles of
sentencing under section 2929.11 of
the Revised Code.

(DD)
"Major drug offender" has the same meaning as in
section
2929.01 of the Revised Code.

(EE)
"Minor drug possession offense" means either of the
following:

(1) A violation of section 2925.11 of the Revised Code as
it
existed prior to July 1, 1996;

(2) A violation of section 2925.11 of the Revised Code as it
exists on and
after July 1, 1996, that is a misdemeanor or a
felony of the fifth
degree.

(FF)
"Mandatory prison term" has the same meaning as
in
section 2929.01 of the Revised Code.

(GG)
"Crack cocaine" means a compound, mixture, preparation,
or
substance that is or contains any amount of cocaine that is
analytically
identified as the base form of cocaine or that is in
a form that resembles
rocks or pebbles generally intended for
individual use.

(HH)
"Adulterate" means to cause a drug to be adulterated as
described in section 3715.63 of the Revised Code.

(II)
"Public premises" means any hotel, restaurant, tavern,
store, arena, hall, or other place of public accommodation,
business, amusement, or resort.

SECTION 2. That existing section 2925.01 of the Revised Code
is hereby repealed.